Ky. Cir. Ct. Clerks' Manual FOREIGN PROTECTIVE ORDER (FPO)

45 FOREIGN PROTECTIVE ORDER (FPO)

KRS 403.7521, KRS 456

District Court and Family Court Division of Circuit Court Process Map

 A petitioner who has a protective order issued by a court of another state may file that

order in this state and receive protection in this state, otherwise known as "full faith and

credit." AOC Forms 275.8, 275.9, 275.10, 275.11, and 275.12 are provided for this purpose.

Form Name

Number

AOC Form Temporary Order of Protection Foreign Protective Affidavit and

275.8 Order

AOC Form Order of Protection Foreign Protective Affidavit and Order

275.9

AOC Form Amended Order of Protection and Affidavit for Certified Foreign

275.10 Protective Order

AOC Form Amended Temporary Order of Protection and Affidavit for

275.11 Uncertified Foreign Protective Order

AOC Form 10 Day Notice to Affiant RE: Status of Temporary Foreign

275.12 Protective Order

FOREIGN PROTECTIVE ORDER (FPO)

45.1 Certified Copy of Foreign Protective Order

1. The petitioner who has a certified copy of the FPO, which is current, must Quick Reference

complete AOC Form 275.9, Foreign Protective Affidavit and Order (To be AOC Form 275.9

used for Certified Foreign Orders). The petitioner must sign the affidavit.

2. Take the form and certified copy of the FPO immediately to any available

District, Circuit, or Family Court Judge. Do not open a case file at this time. Immediately deliver

3. If the court authenticates the foreign protective order by completing and to judge

signing the form, apply the ENTERED stamp; add the date and your

initials.

Enter, date, initial

4. Refer to the Case Add section of the KyCourts Manual for instructions on

opening the case. If no prior case exists involving the parties, assign a case

number using the next pre-numbered folder for D cases including a trailer D Cases

number. If a prior case exists involving the parties, assign the appropriate

trailer to the existing case number.

• Do not assign a new number if the same parties have a prior domestic

violence or interpersonal protective order case in your court. It does

not matter which party was the petitioner or the respondent, so long

as the case is a DV/IPO case between the two parties named in the

current petition.

• To separate trailers, copy the case history at the close of each case.

Place a tab on the side of the copy and insert in a file folder as a

divider. Do not include

5. Do not include the petitioner's address on the party screen. petitioner’s address

on party screen

6. Do not issue a summons.

Do not issue

7. Using the most expedient means reasonably available and within 24 hours summons

following entry and issuance of the authentication of the foreign

protective order hand deliver, fax or mail a copy of the authentication as

follows (only distribute copies with the petitioner’s address and any

minor children marked through/redacted):

• Petitioner or attorney (Certified Copy.)

• Agency responsible for LINK entry.

• Send a copy to the Cabinet for Health and Family Services. Do not

mark through the address of the petitioner or any minor children.

o Do not serve notice on the respondent.

8. Close the case by completing the disposition date; disposition type OTH

and judge at disposition on the case screen. Disposition type

OTH

FOREIGN PROTECTIVE ORDER (FPO)

45.2 Uncertified Copy of Foreign Protective Order

The petitioner who has an uncertified copy of the FPO must complete AOC Quick Reference

Form 275.8, Temporary Foreign Protective Affidavit and Order (To be used for AOC Form 275.8

Uncertified Foreign Orders). The petitioner must sign the affidavit.

1. Take the form and uncertified copy of the FPO immediately to any Deliver to judge

available District, Circuit, or Family Court Judge. Do not open a case file at immediately

this time.

2. If the judge completes and signs the form, the initial uncertified FPO will

be valid for 14 days. Apply the ENTERED stamp; add the date and your Enter, date, initial

initials.

3. Refer to the Case Add section of the KyCourts Manual for instructions on D case

opening the case. If no prior case exists involving the parties, assign a case

number using the next pre-numbered folder for D cases including a trailer

number. If a prior case exists involving the parties, assign the appropriate

trailer to the existing case number.

• Do not assign a new number if the same parties have a prior domestic

violence or interpersonal protective order case in your court.

• It does not matter which party was the petitioner or the respondent, so

long as the case is a DV/IPO case between the two parties named in

the current petition. Do not include the

• To separate trailers, copy the case history at the close of each case. petitioner's address

Place a tab on the side of the copy and insert in a file folder as a on the party screen

divider. Do not issue

4. Do not include the petitioner's address on the party screen. summons

5. Do not issue a summons.

FOREIGN PROTECTIVE ORDER (FPO)

45.2.1 Tickler System

1. Create a tickler system by creating a scheduled events screen, using event Quick Reference

type DV (as a reminder), for 10 days from the filing of the FPO. If the 10th Create tickler event

day is a weekend or holiday, schedule the event for the next working day. type DV

Type in memo: Send notice to petitioner if certified copy has not been

received.

Event type DV

2. Complete a scheduled events screen using event type DV for the date the

uncertified FPO expires (within 28 days of the filing of the FPO). See the

AOC Form 275.8

AOC Form 275.8 for the specific date. If this date is a weekend or holiday,

schedule the hearing for the next working day.

NOTE: If the expiration date is 28 days from the filing of the FPO, type in

memo, "Case to be dismissed if certified copy not received." If the

expiration date is less than 28 days from the filing of the FPO, type in

memo, "Deliver file to judge for further orders." NOE

3. Using the most expedient means reasonably available and within 24 hours

following the notice of entry and issuance of the temporary uncertified

FPO provide notice of the hand deliver fax or mail a copy of the FPO as

follows (only distribute copies with the petitioners address and any

minor children marked through/redacted):

• Petitioner or attorney (Certified Copy).

• Agency responsible for LINK entry.

• Send a copy to the Cabinet for Health and Family Services. Do not mark

through the address of the petitioner or any minor children.

Contact issuing

• Do not serve notice on the respondent. court

4. Within 2 business days from the filing of the uncertified FPO, you must

contact the issuing court (the petitioner should have put the name and

address on the form) to request a certified copy of the FPO. You may call

the issuing court or mail your request for a certified copy of the FPO. The

issuing court may mail or fax you a certified copy.

5. If the certified copy of the FPO is not received within 10 days, notify the

petitioner that the certified copy of the FPO has not been received by

printing AOC Form 275.12, Ten Day Notice to Affiant, Re: Status of

AOC Form 275.12

Temporary FPO and mail to the petitioner only.

6. Notify the court in writing that the certified FPO has been requested but

not received (the court calendar from the 10-day tickler system, together

with a notation, may be used). The court will then extend the FPO for an

additional 14 days.

7. If a certified copy of the FPO is not received within 14 days, inform LINK

and notify the applicant of its certification.

FOREIGN PROTECTIVE ORDER (FPO)

8. If the certified copy of the FPO is not received within 28 days, the FPO will Quick Reference

expire and not be reissued. Petitioner may, however, apply to the court

for a Kentucky emergency protective order or temporary interpersonal

protective order.

9. If the certified copy of the FPO is received within 28 days deliver the

certified FPO, a blank AOC Form 275.9, Foreign Protective Affidavit and AOC Form 275.9

Order (To be used for Certified Foreign Orders) and the file to the judge.

The affidavit portion of form 275.9 will be left blank.

10. If the judge authenticates the certified foreign protective order by

completing and signing the form, apply the ENTERED stamp; add the date Enter, date, initial

and your initials.

11. Enter the order by completing a document screen. Use document type

OFPA. Document type

12. Using the most expedient means reasonably available and within 24 hours OFPA

following the notice of entry and issuance of the authentication of the

certified foreign protective hand deliver fax or mail copy of the NOE

authentication as follows (only distribute copies with the petitioners

address and any minor children marked through/redacted):

• Petitioner or attorney (Certified Copy.)

• Agency responsible for LINK entry.

• Send a copy to the Cabinet for Health and Family Services. Do not

mark through the address of the petitioner or any minor children.

• Do not serve notice on the respondent

13. Close the case by completing the disposition date, disposition type OTH

and judge at disposition on the case screen. Disposition type

OTH

45.3 Certified Copy of Amended Foreign Protective Order

1. A petitioner who has a certified copy of an Amended Foreign Protective

Order, which is current, must complete AOC Form 275.10, Affidavit and AOC Form 275.10

Order Amending Certified Foreign Protective Order. The petitioner must

sign the affidavit.

2. Take the form and certified copy of the amended FPO immediately to any Deliver immediately

available District, Circuit, or Family Court Judge. to judge

3. If the judge authenticates the amended FPO by completing and signing the

form, apply the ENTERED stamp; add the date and your initials. Enter, date, initial

4. Enter the order by completing a document screen in the existing case file.

Use document type OFPA. Document type

OFPA

5. Using the most expedient means reasonably available and within 24 hours

following the entry and issuance of the authentication of the amended

foreign protective hand deliver, fax, or mail a copy of the authentication as

follows:

FOREIGN PROTECTIVE ORDER (FPO)

(only distribute copies with the petitioners address and any minor children marked

through/redacted):

• Petitioner or attorney (Certified Copy.)

• Agency responsible for LINK entry.

• Send a copy to the Cabinet for Health and Family Services. Do not mark through

the address of the petitioner or any minor children.

45.4 Uncertified Copy of Amended Foreign Protective Order

1. A petitioner who has tendered a FPO to a court must, within 2 working

days of receipt of any expiration, vacation, modification to or other change

in the FPO, notify the clerk of the changes and present the clerk with a

copy of the amended FPO for authentication by the court. A petitioner

who has an uncertified copy of an amended FPO must complete AOC Form

AOC Form 275.11

275.11, Affidavit and Temporary Order Amending Uncertified Foreign

Protective Order. The petitioner must sign the affidavit.

2. Take the form and uncertified copy of the amended FPO immediately to Deliver to judge

any available District, Circuit, or Family Court Judge.

3. If the judge authenticates the amended uncertified FPO by completing and

signing the form, the initial uncertified FPO will be valid for 14 days. Apply

Enter, date, initial

the ENTERED stamp; add the date and your initials.

4. Enter the Order by completing a document screen in the existing case file.

Document type

5. Use document type OFPA. OFPA

45.4.1 Tickler System

1. Create a tickler system by creating a scheduled events screen type DV (as a

reminder) for 10 days from the filing of the amended FPO. If the tenth day Scheduled event

is a weekend or holiday, schedule the event for the next working day. type DV

Type in memo: Send notice to petitioner if certified copy has not been

received.

Event type DV

2. Complete a scheduled events screen using event type DV for the date the

uncertified FPO expires, (within 28 days from the filing of the FPO). See

the form for the specific date. If this date is a weekend or holiday,

schedule the hearing for the next working day.

FOREIGN PROTECTIVE ORDER (FPO)

NOTE: If the expiration date is 28 days from the filing of the FPO, type in Quick Reference

memo, "Case to be dismissed if certified copy not received." If the

expiration date is less than 28 days from the filing of the FPO, type in

memo, "Deliver file to judge for further orders."

NOE

3. Using the most expedient means reasonably available and within 24 hours

following the entry and issuance of the temporary, uncertified FPO hand

deliver fax or mail a copy of the temporary uncertified FPO as follows (only

distribute copies with the petitioner’s address and any minor children

marked through/redacted):

• Petitioner or attorney (Certified Copy).

• Agency responsible for LINK entry.

• Send a copy to the Cabinet for Health and Family Services. Do not

mark through the address of the petitioner or any minor

children.

4. Within 2 business days from the filing of the uncertified, amended FPO,

you must contact the issuing court (the petitioner should have put the

Contact issuing

name and address on the form) to request a certified copy of the amended

court

FPO. You may call the issuing court or mail your request for a certified

copy of the amended FPO. The issuing court may mail or fax the certified

copy.

5. If the certified copy of the amended FPO is not received within 10 days,

notify the petitioner that the certified copy of the amended FPO has not

been received by printing AOC Form 275.12, Ten Day Notice to Affiant, Re:

Status of Temporary FPO and mail to the petitioner only.

AOC Form 275.12

6. Notify the court in writing that the certified FPO has been requested but

not received (the court calendar from the 10-day tickler system, together

with a notation, may be used). The court will then extend the FPO for an

additional 14 days.

7. If a certified copy of the FPO is received within 14 days, inform LINK and

notify the applicant of its certification.

8. If the certified copy of the amended FPO is not received within 28 days,

the FPO will expire and not be reissued. Petitioner may, however, apply to

the court for a Kentucky emergency protective order.

9. If the certified copy of the amended FPO is received within 28 days:

• Deliver the certified amended FPO, a blank AOC form 275.10 Affidavit

AOC Form 275.10

and Order Amending Certified Foreign Protective Order and the file

to the judge. The affidavit portion of Form 275.10 will be left blank.

FOREIGN PROTECTIVE ORDER (FPO)

• If the judge authenticates the amended, certified FPO by completing Quick Reference

and signing the form, apply the ENTERED stamp; add the date and Enter, date, initial

your initials.

• Enter by completing a document screen. Use document type OFPA.

• Using the most expedient means reasonably available and within 24 Document type

hours following the entry and issuance of the authentication of the OFPA

certified, foreign protective order hand deliver, fax or mail a copy of

the authentication as follows (only distribute copies with the

petitioners address and any minor children marked

through/redacted):

• Petitioner or attorney (Certified Copy.)

• Agency responsible for LINK entry.

• Send a copy to the Cabinet for Health and Family Services.

Do not mark through the address of the petitioner or

any minor children.

• Do not serve notice on the respondent

10. Close the case screen by completing the disposition date, disposition type

OTH and judge at disposition on the case screen.

Disposition type

OTH

45.5 Annual Validation of FPO’s

Foreign protective orders entered in LINK must be validated each year. LINK will send you a

separate printout for each foreign protective order filed in your court. When received,

contact the original issuing court for validation. If LINK has not received validation from the

circuit clerk within 31 days, the FPO will be removed from LINK.